Fines for Protective Covenant Violations  (April 20, 1998*)

The following procedures will be followed with respect to the impositions and collection of fines for any Member in violation of the Declaration of Protective Covenants, Conditions and Restrictions.

(a)    The Member will be notified in writing of the violation by an Association officer, or by a member of the Architectural Control Committee.  The Member will be given a deadline by which to correct the violation.

(b)    If the violation has not been corrected by expiration of the deadline, and no plan for correcting the violation acceptable to the Board of Directors has been submitted prior to expiration of the deadline, the Member will be given notice by certified mail, return receipt requested, that a continuing fine the amount of FIVE DOLLARS and NO/100 ($5.00) per day shall be imposed unless the violation is cured within 30 days from the date of mailing of the certified letter, and that the accrued fine shall be a continuing lien against the Member’s lot.  The certified letter shall also state that the Member has the opportunity, during the 30 day period to contact the Association to request an opportunity to be heard before a member of the Board of Directors, or its appointed representative, should he/she feel that they are not in violation of the Covenants.  The Board of Directors or its appointed representative will notify the Member of its decision within fourteen (14) days of the hearing date.  No fine will accrue pending said decision.

(c)   Said fine once imposed, shall continue to accrue on a daily basis until the violation is corrected to the satisfaction of the Board of Directors or its appointed representative.  If the fine amount reaches $1,000.00, and the Member refused to pay the fine within 30 days after notification of the amount owing, the Association may bring an action to foreclose the lien against the Member’s property, and interest, costs and reasonable attorneys’ fees of any such action shall be added to the amount of such fine so imposed.

(d)    The above described fine procedure shall not constitute a waiver of any other remedies available to the Association pursuant to the Wellington Ridge Declaration of Protective Covenants, Conditions, and Restrictions, and by law, with respect to enforcement of Protective Covenants and collection of assessments and fines.

DISSOLUTION

In the event of dissolution of the Association, the property and assets after all of its debts have been paid shall be distributed as provided for in the Articles of Incorporation.

*Voted on and approved at the first HOA meeting 4/20/1998 after the homeowners took over management of the HOA from Silver Rim Associates.

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